News Updates
Excise Duty Not Payable On Scrap Sent To The Job Workers For Manufacture Of Angles And Channels: CESTAT
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that excise duty is not payable on the scrap that has been sent to the job workers for the manufacture of intermediate products such as angles and channels.The two-member bench of Sulekha Beevi C.S. (Judicial Member) and Vasa Seshagiri Rao (Accountant Member) has observed that the Department has...
Private Schools Dependent On Fee Collected By Them, Maintaining Surplus Can’t Be Construed As Commercialization Of Education: Delhi High Court
Observing that private unaided schools are entirely dependent on the fee collected by them, the Delhi High Court on Wednesday ruled that planning and maintaining a surplus by such schools, per se, cannot be construed as commercialisation of education. Emphasising that it is important for private unaided schools to maintain a surplus for further development and honing of their...
Karnataka High Court Permits State Board To Conduct Board Exams For 5th And 8th Class Students After Two Weeks, Results Subject To Final Outcome
The Karnataka High Court on Wednesday by an interim order stayed a single bench order which quashed three circulars issued by the State government prescribing a Board like Examination for students of Standards 5 and 8th in schools affiliated to the state board.A division bench of Justice G Narendar and Justice Ashok S Kinagi stayed the order dated March 10 and permitted the State government...
Meghalaya High Court Rejects State's "Grandiose" Plan To Deploy CRPF For Tackling Illegal Coal Mining
The Meghalaya High Court on Monday rejected the "Grandiose" blueprint prepared by the State government to deploy 100 companies of CRPF in the eastern range and 60 companies in the western range to curb the menace of Illegal Coal Mining.A Full bench comprising Chief Justice Sanjib Banerjee and Justices H. S. Thangkhiew, W Diengdoh observed, "The cost implication, even on a short-term,...
NCLT Cannot Decide Controversies Relating To Attachment Of Property Under Benami Prohibition Act: NCLAT Chennai
The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Mr. P. Eswaramoorthy v The Deputy Commissioner of Income Tax (Benami Prohibition), has held that NCLT is not the proper Fora to determine the controversies revolving...
Kerala High Court Expresses Displeasure At Mounting Contempt Cases, Asks Chief Secretary To Ensure Orders Are Obeyed By Officers In Letter & Spirit
The Kerala High Court on Tuesday expressed its anguish over the mounting contempt cases before it for violation of its orders by officers of the State.The court said that such a practice needs to be stopped and that if officials are not able to comply with the order of the court within the time frame fixed by it, they have to file an appropriate application before the court with proper...
“Neglected Duty”: Madras High Court Imposes 10K Cost On Revenue Officer For Rejecting Certificate To Children Claiming Mother's Community Status
The Madras High Court recently imposed ten thousand rupees cost on a Revenue Divisional Officer/Sub Divisional Magistrate who had rejected the community certificate for two kids belonging to the Kattunayakan community. The cost was imposed on a plea by the kid’s mother seeking to quash the rejection order and to direct the authorities to issue the community certificate. In the...
Delhi High Court Pulls Up Assistant Controller For Cut-And-Paste Order, Says Grant Or Rejection Of Patent A Serious Matter
The Delhi High Court has observed that the orders refusing applications for grant of a patent cannot be passed mechanically and that any decision to grant or refuse a patent has to be informed by “due application of mind” which must be reflected in the decision.Pulling up an Assistant Controller of Patents & Designs for passing a “copy-paste” order while refusing an application...
Calcutta High Court Criticizes The Approach Of Finance And Banking Companies Unilaterally Appointing The Arbitrator; Refuses To Enforce ‘Unilateral Appointment Award’
The High Court of Calcutta has deprecated the practice of banking and financial institutions unilaterally appointing the arbitrator. It refused to enforce an award passed by an arbitrator that was unilaterally appointed by the petitioner. The bench of Justice Shekhar B. Saraf has held that an arbitration award passed by a unilaterally appointed arbitration is non-est and...
Though Borrower Can File Civil Suit Despite The Remedy Of Counter Claim In DRT, In Light Of Section 8 Of The A&C Act, Bombay High Court Refers The Parties To Arbitration
The Bombay High Court has reiterated that the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) bars the jurisdiction of the Civil Court only in respect of the applications filed by banks/ financial institutions for recovery of debt, however, it does not bar the jurisdiction of the Civil Court to try a suit filed by the borrower. The bench of Justice Bharati Dangre remarked...
Air India Urination Case: Accused Moves Delhi High Court For Constitution Of Appellate Committee To Hear His Appeal Against ‘Unruly Passenger’ Tag
Shankar Mishra, accused in the Air India urination case, has approached the Delhi High Court for constitution of an appellate committee to hear his appeal against the order passed by airline’s inquiry committee designating him as an “unruly passenger” and banning him from flying for four months. Mishra, who was granted bail by a trial court in January, is accused of urinating on an...
'FIR Lodged Malafidely': Jharkhand High Court Quashes Case Against MPs Nishikant Dubey, Manoj Tiwari In Deoghar Airport Case
The Jharkhand High Court on Monday quashed the FIR lodged last year against MPs Nishikant Dubey, and Manoj Tiwari on the allegations of forcibly entering the Air Traffic Control (ATC) office in Deoghar and pressurizing the personnel to grant clearance to their chartered flight to take off from the airport. Terming the FIR to be ‘Malafide’ and observing that allowing the case...